By: Daily Record Staff//January 18, 2012
By: Daily Record Staff//January 18, 2012//
NYS Advisory Committee on Judicial Ethics
Background: The inquiring judge asked whether he may complete certain necessary tasks to terminate two conservatorships that he held before taking the bench. One task requires an ex-parte order of discharge to be filed. The other task involves an affidavit of lateness that was never filed and the matter was still pending. Both accounts remain open with funds still on deposit.
Opinion: The committee stated that a newly elected full-time judge may continue to serve as conservator in a matter until a successor or interim conservator could be appointed. Therefore, the judge could perform the essential functions of a conservator such as receiving income, reinvesting funds, paying bills and continuing the services of a retained certified social worker. The judge, however, should move promptly to secure a substitute conservator.